GIRISH CHANDRA GUPTA, J. - (1.) Bankura Police Station Case No. 46 of 1995, against Bhaju Mal alias Bhutia, son of late Dasarath Mai of village Ektesar in the district of Bankura, was started pursuant to a complaint dated 17-4-1995, lodged by Shri Tarun Mal which formed the basis of the formal FIR under Ss. 498-A/326/307 of the Indian Penal Code. Subsequently with leave of the Court S. 302 was added. He was charged under Ss. 498-A and 302 of the Indian Penal Code by the learned Additional Sessions Judge, Bankura and was ultimately convicted under both the aforesaid sections by a judgment and order dated 5th June, 2002. By an order dated 6th'June, 2002 he was sentenced to suffer rigorous imprisonment for life as also to pay a fine of Rs. 2000/- and in default to suffer further rigorous imprisonment of one year for the offence punishable under S. 302 of the Indian Penal Code. No sentence was however awarded for the offence under S. 498-A. The accused has now come up in appeal.
(2.) The facts and circumstances of the case briefly stated are as follows :- The accused-appellant was married to Shrimati Neela Mal three or four years prior to the date of occurrence. They had no issue. On 29th March, 1995 at about 11 p.m. in the night the accused-appellant is alleged to have poured kerosene oil on Shrimati Neela Mal and is further alleged to have set her on fire. She was shortly thereafter admitted to Govindangar Hospital by the accused-appellant himself in burnt condition. After admitting the victim into the hospital he sent an information to the relations of the victim and thereafter made himself scarce. Upon coming to know of the incident Tarun Mal the uncle of the victim got in touch with her and lodged the complaint on 17th April, 1995 with the police disclosing the particulars of the ward and bed number where the victim was lying. The victim made a dying declaration in the presence of the Deputy Magistrate/Collector and ultimately died on 18th May, 1995.
(3.) The point which arises for consideration is whether the prosecution has been able to bring home the charges laid against the accused-appellant.;